Approval of genetically modified plants in the EU: No major changes for the time being
The Council of EU Environment Ministers has adopted the long-awaited resolution on plant genetic engineering. The text, which was under negotiation until recently, lays down fundamental principles and procedures regulating the approval, risk assessment and cultivation of genetically modified plants within the EU. Early in the summer, France, which holds the presidency of the Council until the end of the year, was still announcing a comprehensive revision of the text. But, for the time being at least, no fundamental changes will be made. The ministers’ decision affirms that approvals of genetically modified plants will continue without undue delay.
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The pressure was considerable: France wanted to restructure the EU authorisation process for genetically modified plants and Seehofer, who was minister of agriculture at the time, had argued in the spring that GM plants should be approved on a purely scientific basis by an expert authority, in the same way that drugs are approved - with no political vote by the member states. The member states have for years failed to find a common line for the enforcement of the genetic engineering acts they have passed. Decisions regularly fail to achieve the qualified majority prescribed in the EU treaties, with member states that are deeply divided over issues of genetic engineering blocking each other. Nevertheless, despite all the political declarations of intent, hardly anything will change. Since each country can use its veto to prevent a Council decision, the resolution finally adopted by the environment ministers reflects the lowest common denominator of 27 member states, which operate in very different ways when it comes to genetic engineering. In any case, the legal scope for substantial changes to the current authorisation procedures was limited. A protracted amendment procedure would have been needed to revise the text, and the outcome would have been uncertain. The resolution passed by the environment ministers deals primarily with the working methods of the European Food Safety Authority (EFSA ) and the guidelines they follow to conduct the scientific risk assessment. A general ban on GM plants or a new moratorium on approvals was not a political option even for anti-GM countries like Austria and Greece. That would represent a violation of the WTO treaties and the EU would risk further infringement proceedings. |
Risk assessment guidelines: general revision by 2010
The environment ministers do not intend to touch the existing legal framework, which ensures "a high level of protection ... with respect to potential risks of GMOs". In its conclusions, the Council welcomes the EU Commission’s mandate to EFSA to revise and further develop the guidelines on environmental risk assessment of GM plants. This process, in which the member states are to play an active part, is to be accelerated and completed before 2010 if possible.
The guidelines will in future contain concrete specifications on how better to assess potential long-term effects of GM plants on the environment, e.g. the impacts of Bt plants on non‑target organisms . Greater emphasis is to be given to regional environmental conditions in the areas where a new GM plant is to be cultivated.
In certain cases, according to the decision taken by the Council, the risk assessment should cover impacts on farming practice and its environmental impacts, rather than concentrating solely on the direct properties of a GM plant. For herbicide‑tolerant GM plants, for instance, potential changes in the use of herbicides and weed control would be included. GM plants that form Bt protein and use it to protect against pests should be authorised at the same level as comparable plant protectants.
The environment ministers support the EU Commission in its plan to upgrade the extended guidelines so that the member states can take a formal vote on them.
Contrary to the demands made by France, no socio-economic criteria will be taken into account in the authorisation of GM plants for the time being. The environment ministers call on the member states to collect relevant information about positive and negative socio-economic changes brought about by the introduction onto the market of GM plants by January 2010. There is still no agreement on what these criteria cover and, above all, how they can be measured objectively and scientifically.
Threshold values for seed: as low as possible
The Commission and the member states have repeatedly postponed a decision on the permissible level of adventitious, technically unavoidable GMOs in seed. In 2003 the Commission had proposed values of 0.3% for oilseed rape and 0.5% for maize, but was thwarted by a lack of agreement among the member states.
The conclusions adopted by the environment ministers do not mention any figures either. They reaffirm the need for threshold values for seed, stating that they should be set at the lowest practicable level for all economic operators and must ensure freedom of choice over the long term.
Regional bans on cultivation: only on scientific basis
General regional bans on cultivating authorised GM plants are not provided for in the conclusions adopted by the environment ministers. As before, GM-free zones are possible only on the basis of voluntary agreements.
It is already possible in principle for member states to take specific measures to protect nature reserves or sensitive ecosystems against possible risks posed by certain GM plants. Under EU law and the precautionary principle, it is possible to impose case-specific cultivation conditions and even restrictions. However, the environment ministers reaffirm that such measures must be based on a scientific environmental risk assessment.
More from GMO Safety
- EU presidency: France plans to overhaul approval procedures for GMOs
- Debate on the authorisation procedure for GM crops in the EU: Less politics, more science
- "On paper there is a clear division between science and politics. But the reality is different."
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